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PEOPLE v. PEREZ

45 N.Y.2d 204 (1978)

The People of the State of New York, Respondent, v. Jesus Perez, Appellant.

Court of Appeals of the State of New York.

Decided July 11, 1978.

Attorney(s) appearing for the Case

Alan S. Axelrod and William E. Hellerstein for appellant.

Mario Merola, District Attorney (Philip F. Menna and Billie Manning of counsel), for respondent.

Chief Judge BREITEL and Judges JONES, FUCHSBERG and COOKE concur with Judge JASEN; Judge GABRIELLI dissents in part and votes to modify in a separate opinion in which Judge WACHTLER concurs.

JASEN, J.

After returning home from a movie, at approximately 1:30 A.M., George Glass was approached in front of his apartment building at 1340 Morris Avenue in The Bronx by appellant, Jesus Perez, and a second individual, one Robert Ferguson. Upon approaching Glass, appellant inquired as to whether a certain person lived in the apartment building. Before Glass could respond however, appellant, who while approaching...

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